Hearsay

Question 1

What type of hearsay evidence is admissible and what is not?

Answer 1

• A statement that speaks to the fact a statement has been made. (allowed)
• A statement that speaks to the truth of that statement (problem)

Question 2

What is the leading authority on Hearsay?

Answer 2

Morrison v HMA

Question 3

Which english case admitted hearsay evidence as it was deemed res gestae

Answer 3

Ratten v R (distress on the phone)

Question 4

What is the leading authority on Res Gestae that is very harsh? Difference between ‘rape’ and ‘raped’

Answer 4

Cinci v HMA

Question 5

What section of CPA sets out the three conditions that must be met to adopt a prior statement?

Answer 5

s.206

Question 6

What are the statutory exceptions to hearsay evidence and where can they be found?

Answer 6

s 259

• dead
• outwith the UK
• Cannot be found
• Avoidance of self-incrimination
• refused to take oath or give evidence

Question 7

What case allowed for evidence of dead to be admitted?

Answer 7

HMA v Molloy

Question 8

Which case states that alcholism does not render witness incompetent?

Answer 8

HMA v Patterson

Question 9

Which case refers to the out with uk exeception?

Answer 9

Aslam

Question 10

Which case states that the judge must push the witness to continue?

Answer 10

Macdonald v HMA

Question 11

What is the test for absent witness?

Answer 11

Good reason for non-attendance
Was the evidence decisive
Was there adequate counterbalance